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20110988� <br />NON-UNIFORM COVENANTS. Boaower and Lender further covenant and agree as follows: <br />17. Assignment of Rents. Batrower unwnditionally essigns and transfers to Lender all the rents and revenues <br />of the Property. Borrower authorizes Lender or Lender' s agents to collect the rents and revenues and hereby directs <br />each tenaz►t of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to <br />Borrower of Borrower' s breach of azry covenant or agreement in the Seci¢ity Instrument, Borrower shall collect and <br />receive all rents and revenues of the Property as trustee far the benefit of Lender and Borrower. This assignment of <br />rents constiNtes an absolute assignment and not an assignment for additional security only. <br />If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Bottower as <br />hvstee for benefit of Lendet only, to be applied to the s�s seciued by the Secisity Instrument; @) Lender shall be <br />entitled to collect and receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents <br />due and unpaid to Lender or Lender's agent on Lender's written demand ro the tenan� <br />Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would <br />prevent Lender from exercising its rights under this paragraph 17. <br />Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice <br />of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. <br />Any application of reats shall not ciue or waive arry deEault or invalidate any other right or remedy of Lender. This <br />assignment of rents of the Property shall terminate when the debt sec�rced by the Security Instrument is paid in fiill. <br />18. Foreclosare Procedare. If Lender reqnires immediate payment in full nnder paragraph 9, Lender may <br />invoke t6e power of sale and soy other remedies permitted 6y applicable law. Lender shall be enHded to coDect <br />all eapenses incurred in pnrsuiag the remedies provlded in thLs paragraph 18, inclnding, but not limited ta, <br />reasonable attorneys' fees and costs of 8tle evidence. <br />If the power of sale is invoked, Trustee shall record a notice of defanit in each county in which any pert of <br />the Property is located and shall mail copies of euch noHce in the manner prescri6ed by applicable law to <br />Barrower and to the other persons pr�scribed by, applicable law. After the Hme reqnired by appllcable law, <br />Trustee, shall give pubHc noHce of sale to the persons and in the manner prescribed by applicable law. Trustee, <br />wlt6out demand on Borrower, shaD sell t6e Property at public auction to the highest bidder at the dme and <br />place and ander t6e terms dedgnated in the noHce of sale in one or more parcels and in any order Trustee <br />determines. Trustee may postpone sale of all or any parcel of t6e Property by publie announcemeat at the time <br />and place of any prevlonsly schedWed sale. Lender or its designee may purchase t6e Property at any sale. <br />Upon r�eipt of payment of the price bid, Trustee s6all deliver to the pnrc6aser Trastee's deed conveylug <br />t6e Property. The recitaLs in the Trustee's deed shall be prlma facie evidence of the Wt6 of the statements <br />made therein. Trustee s6all apply the proceeds of the sale in the following order. (a) to all costs and eapenses <br />of eaercising the power of sale, and the sale, includin; t6e payment of t6e Trastee's fees actnally incarred and <br />reasonable attorneys' fees as permitted by appHcable law; (b) to all sums secnred by t6is Security Instroment; <br />and (c) any eacess to the peraon or persons legally entitled to it <br />If t6e Lender's interest in this Security Instrament is held by the Secretary and t6e Secretary requires <br />ta►mediate payment in fuD nnder paragraph 9, the Secretary may iovoke the nonjndidal power of sale provided <br />in t6e Single Family Mortgage Foreclosnre Act of 1994 ("Act'� (12 U.S.C. 3751 et s.) by requesting a <br />foreclasure commissioner designated ander the AM to commence foreclosure and to seD t6e Property as provided <br />!n t6e AcL Nothing in the preceding sentence s6a11 deprive tfie Secretary of anp dghts otherwise avallable to <br />a Lender under tlils paragtaph 18 or applicable law. <br />19. Reconveyance. Upon payment of all sums sec�sed by this Security Instrument, Lender shall request Ttvstee <br />to reconvey the Property and shall surrender this Security Inshvment and all notes evidencing debt secured by this <br />Secutity Instrument to Ttvstee. Trustee shall reconvey the Property without warranty to the petson or persons legally <br />entitled to it. Such person or persons shall pay any recordation costs. Lender may chazge such person or persons a <br />fee for reconveying the Property, but only if the fee is paid to a third party (such as the Trustee) for services rendered <br />and the charging of the fee is permitted imder applicable law. <br />20. Snbsdtate Trastee. Lender, at its option, may fram time to time remove Trustee and appoint a successar <br />trusttee to any Trustee appointed hereunder by an instr�ent recorded in the county in wlrich this Security In.stnmient <br />is recorded. Without canveyance of the Property, the succ�sor uvstee shall succced to all the title, power and duties <br />conferred upon Trustee herein and by applicable law. <br />21. Request for Noflces. Bonower requests that copies of the notice of default and sale be sent to Boaower' s <br />address which is the Property address. <br />Z2. Rlders to this Securlty Iastr�ent If one or more riders are executed by Borrower and recorded together <br />with this Securiry Instrument, the covenants of each such rider shall be incorporated into and shall amend and <br />supplement the covenants and agreements of this 5eciuity Instrument as if the rider(s) were a part of this Seciuity <br />Instrument <br />[Check applicable box(es)] <br />� Condominitmm Rider. <br />� Plaffied Unit Development Rider <br />� Non-Owner Occupancy Rider <br />� Graduated Payment Rider � Growing Equity Rider <br />� Adjustable Rate Rider � Rehabilitation Loan Rider <br />❑ ��' [SP�3'] <br />FHA N�RASKA D� OF TRUST - MER.S �eg/� � <br />NmOTZ.FHA 05/23/11 Page 5 ot 7 www.dovnagtc.mm <br />�IUII� IDI I O I�I IIa I I n I � 01111pII IIIaIi Q 10 <br />